RESPONSIBILITY OF TRANSPORTER FOR THE PERSONS THAT HE USES IN TRANSPORTATION

Abstract

The question of responsibility of the transporter becomes in time one of the most interpreted legal questions, because the users of the transportation want to know everything about legal consequences of traffic accidents, rigths that in case of their death would have the members of their family or the reimbursement that they would have in case of surviving the accident. The responsibility of transporter for the persons that he uses in trasportation, is considered in this paper at all types of tranportation, through the overlook of international conventions, our and comparative law. Transporter is responsible for the actions of his workers no matter of their guilt, as well as for his own deeds and omits.

This solution is derived from the application of the rule of casual responsibility and it is accepted in railroad, road and air transportation. Justification of such transporter’s responsibility there is in economic benefit from the work of his assistants in transportation activity, so it is considered that he should bear the risk from the damages derived from it. Damages for the third parties due to the work of the assitants can be so big that it sould not be compensated, because he does not have enough property. Transporter is usually economically strong subject, so it is more fair that he compensates the damage, because of the protection of the interest of damaged and providing the legal safety. Besides, transporter is often legal entity that performs activities thorough physical entities totally, as his organs or workers. Therefore it is justified the fiction that deeds of the assistant are his own deead at the same time. In comparative law transporter is often responsible for the deeds of his assistants according to the guilt.